A MAN has told how he is suing his council after he was fined £200 for leaving his dead aunt’s clothes next to a charity bin.
Kevin Turner, 63, forked up the hefty sum last year after being slapped with the fine after the death of his aunt.
He was forced to leave three bags of her belongings on the ground at the Salvation Army bin because he could only open the hatch halfway.
Kevin had been using his uncle’s car, and paid the fixed penalty notice so not to cause his grieving family further stress.
But after, he contacted Boston Borough Council and told them of his extenuating circumstances.
However, his appeal was denied – and he is now taking them to court.
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He believes his appeal was turned down because a member of the council's 'Flyswat' team falsely claimed: "It appears you ascertained the bin was not full."
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He told Lincolnshire Live: "I could not even see into the bin. I got the chute half open, that was all.
“I tried twice to get the bags in then I decided to leave them there. If I wanted to fly-tip, there are plenty of places I could do that, but I was making a donation to charity.
"I feel so incensed. To me it feels like entrapment. I just want my money back. I paid the fine without telling my uncle, who is in his 80s, because it would have finished him.
“Then I thought: 'This is really wrong, there are no signs.' My wife is a nurse. She's the breadwinner in our house so she's the one who has actually paid."
He is now forking out another £275 to bring the council to Boston County Court.
In papers submitted to the court he said: "I claim that not only is the current extenuating circumstances scheme relating to the Environmental Act restrictive to the point of being described as a cynical implementation but that it is being administered by biased individuals and without democratic oversight.
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"I claim that my appeal to return the £200 FPN payment I made has been denied on the basis of a discriminatory and false statement made by a member of the Flyswat team."
A council spokesman said it would be inappropriate to comment given the pending court case.
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